In a major health and wellness initiative for the country, the Union Cabinet has approved the Promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019.
Key features of the ordinance
- Banning e-cigarettes: Production, manufacturing, import, export, transport, sale (including online sale), distribution or advertisement (including online advertisement) of e-cigarettes.
- Aforesaid activities are cognizable offences punishable with an imprisonment of up to one year or fine up to Rs. 1 lakh or both.
- Storage of electronic-cigarettes shall also be punishable with an imprisonment up to 6 months or fine up to Rs 50,000 or both.
- The Sub-Inspector of Police has been designated as the Authorized Officer to take action under the Ordinance.
- The owners of existing stocks of e-cigarettes will have to declare and deposit these stocks at the nearest office of an authorised officer.
- They are battery-operated devices that produce aerosol by heating a solution containing nicotine, which is the addictive substance in combustible cigarettes.
- These include all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices.
Regulations with respect to Electronic-cigarettes
- Unlike traditional cigarettes, e-cigarettes do not contain tobacco and therefore are not regulated under the Cigarettes and Other Tobacco Products Act, 2003.
WHO Framework Convention on Tobacco Control (WHO FCTC)
- WHO FCT is the first global public health treaty?
- It is an evidence-based treaty that reaffirms the right of all people to the highest standard of health.
- It aims to tackle some of the causes of that epidemic, including complex factors with cross-border effects, such as trade liberalization and direct foreign investment, tobacco advertising, promotion and sponsorship beyond national borders, and illicit trade in tobacco products.
- Parties to the WHO FCTC: 181 (Last Party: Mozambique)
- India is a signatory to the convention.
- The Conference of the Parties (COP) is the governing body of the WHO FCTC and is comprised of all Parties to the Convention.